Federal Appeals Court Rules In Favor Of Inslee Intercession Interpretation

The U.S. Court of Appeals affirmed on Monday that jurisdiction over crimes on the Yakama reservation involving non-tribal members, victim or suspect, belongs to the state.  The Yakima Herald-Republic reports at issue was language in a proclamation signed by Gov. Jay Inslee supporting retrocession, a federal process that returned to the Yakama Nation much civil and criminal authority over Native Americans on the reservation.  In the proclamation Inslee said state authorities would retain jurisdiction in cases in which victims and suspects were non-tribal members.  He told the U.S. Interior Department in a letter that he meant all cases involving non-tribal members would remain under state authority.  But the tribe interpreted the proclamation to mean the state would only retain jurisdiction in cases in which both the suspect and victim were non-tribal.  On Monday, the Ninth Circuit Court of Appeals upheld a U.S. District Court ruling affirming Inslee’s intent.  Tribal leaders in a statement responding to the ruling said the tribe’s 1855 treaty is with the federal government, and that matters involving law enforcement on the reservation should remain between the two governments, but did not indicate if they would appeal to the Supreme Court.

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